Terms & Conditions (version 2018.v.3)

Each product from Lusso Group, LLC (Lusso) shall be governed by these terms and conditions notwithstanding any other specific Terms & Conditions of our Manufacturers.  For custom made or custom fit Products such as kitchen, bath or closet cabinetry, custom made products or other custom made or custom fit products (“Custom Orders”) a separate agreement may apply.

• Pricing

Product pricing is subject to change without prior notice. All prices quoted are exclusive of sales and use taxes which shall be added (if applicable) at the prevailing rate. All prices quoted are also exclusive of freight and delivery fees, unless otherwise stated. The Sales Order sets out the price and terms for payment and the amounts of any deposits. A fifty percent (70%) deposit is required to reserve the items on an order and payment in full must be received prior to scheduling delivery. In case of Special Orders and Custom Orders, unless otherwise agreed, hundred percent (100%) payment shall be required to place an order.

• Payment

All remittances must be made to the order of Lusso in U.S. Dollars. Lusso reserves the right to require proof of Customer’s ability to pay prior to shipment of an order. If such evidence is not supplied, an order can be cancelled or credit earlier granted can be withdrawn.

• Review your order

Customer shall confirm that the Sales Order contains full and accurate information of the ordered Products, especially product, price, quantity, payment and delivery information. Lusso’s assistance during the purchase process is based on the information the Customer provides. It is the Customer’s responsibility to provide Lusso with accurate information. Lusso shall not be liable for any mistake arising from inaccurate or incomplete information provided by the Customer. Customer should verify quantities, dimensions, site conditions and other requirements with its installer before ordering, where necessary.

• Pick up or Delivery

The delivery method shall be determined upon the competence of purchase process.

Lusso will provide the Customer with a best ESTIMATE of arrival of the Product. Once the Product is ready for delivery Lusso or the delivery company will inform the Customer and provide him/her with the available delivery dates within the next 30 days. Lusso will make its best efforts to reach the estimated date but the actual delivery date could exceed it due to circumstances beyond Lusso’s control. Notwithstanding the above, Customer may always be able to reach Lusso Store for re-schedules and questions about the status of the order. Lusso will always do its best to satisfy the Customer. Customer is responsible to provide Lusso with a valid and accurate shipping. Once delivery is confirmed, any failure by Customer to abide by the delivery schedule will result in re-scheduling fees or a small portion of storage fee to Customer. In the event Lusso makes a delivery attempt that Customer fails to receive, Customer shall assume the extra cost of the failed delivery in addition to the valid one.

Deliveries are to curbside. Lusso does not clean or remove trash or packaging after delivery. Delivery fees change depending location, please see the delivery contract. Inside delivery service may be purchased at an additional cost that will be quoted per job.

Delivery by Lusso to the initial common carrier shall constitute delivery to the Customer/Buyer. Lusso’s responsibility ceases upon delivery to the common carrier and all goods are shipped at Customer/Buyer’s risk.

Lusso is not responsible for damages to items that were not properly removed prior to the delivery arrival. The delivery crew is not authorized or insured to move items other than the Product being delivered. The delivery crew is not authorized or insured either to mount or drill any items on your wall, nor to connect or disconnect any media equipment.

Customer is responsible to make sure that the access to the site into which the items are to be fitted is sufficient for the size of the Products purchased and to modify the premises if necessary. If upon delivery the Product does not fit, the customer will still be responsible for the delivery fee. Customer must also provide the delivery vehicle with reasonable access to park and deliver, or give Lusso sufficient notice for reasonable arrangements for making deliveries.

Please note: Customer agrees to sign a delivery note as proof of delivery.

24 hours prior notification is required to schedule a pick-up in Lusso’s warehouse.

Lusso shall not be liable for any reasonable delay in performance or failure to perform which is attributable to any cause beyond its immediate control, including, but not limited to, acts of God, fire, or other catastrophes, strikes, civil disobedience, military acts fabrication delays, inability to obtain Items, or transportation delays. Hence, Lusso shall not be responsible for any labor charges, installation, or other consequential losses or incidental damages arising from such delays.

It is Customer’s responsibility to inspect the Products upon delivery or when picking up to ensure that they are in a satisfactory condition without any obvious damage and delivered in the quantities exhibited on the order. Damages shall be reported as indicated below.

• Return policy and

Returns or exchanges will not be accepted without prior authorization (RMA) from Lusso customer services. Most regular stocked materials can be returned within 30 days of receipt of delivery.  A 20% restocking fee will be charged on approved returns after 30 days since the delivery date. Product must be returned or exchanged via prepaid freight, in full original cartons, intact undamaged and in salable condition. Any possible return shipping costs should be borne by the customer. You will need to contact us prior to returning the order to receive the proper return instructions. Special Orders, Final Sale items orders and Custom Orders may not be returned or exchanged.

• Refunds

Purchases above $10.00 made by cash, check, and credit card will be refunded by check and mailed within 10 business days to the individual or company who appears in the original invoice.  

• Cancellations

Orders with stocked material, final sale and special orders cancelled 24 hours prior to shipping for free. If Lusso receive the cancellation request after the order has been loaded and is in route to the shipping address, Lusso will charge all applicable shipping fees as part of restocking fee. The customer is solely responsible for all outgoing and return shipping costs. Any items returned without return authorization, including canceled orders and refused shipments, are subject to an extra 10% restocking fee. 

All customized products, special order are non-cancelable, non-returnable, and non-refundable.  If you decide to cancel an order, please call our customer care specialists immediately at 408-966-1118.

IMPORTANT – PLEASE READ CAREFULLY

Once a product has been installed, it cannot be returned. Lusso is not responsible for product defect or damage, property damage or lost labor costs due to faulty installation.

Claims for damage or shortages must be made upon receipt of product. Thoroughly inspect all products before installation as use will constitute acceptance. Installed flooring and tile is considered the property of the owner/installer and cannot be exchanged or returned for any reason.

Defects. If Customer claims that defective Products have been provided by Lusso, Customer agrees to allow Lusso the right and access to inspect them at all reasonable times requested by Lusso. Until a claim is fully resolved, Customer agrees to hold the Products in good condition and take all care of them. Please refer to Warranty of the Product for further details. For any cancellation, returns or defects Customer shall provide the following information to its Lusso Store: Authorization Number, Invoice Number, Item Number, picture of the product and description of the problem.

• Installation:

All Products should be installed according to the approved industry standards and Lusso’s installation instructions and Customer shall provide its installer with the Installation Instructions from Lusso. Installation of the Product constitutes its acceptance.

Installation services are not included in this Agreement. In the event Lusso provides installation services, a separate written agreement must apply.

• Sample Policy

Product samples may not be an exact match to supplied materials due to variations in batch manufacturing (similar to floor and tile colors or other textiles manufactured in batches). A sample product is merely a representation of a product. This means the supplied materials may have slight differences in color, shade, and/or surface appearance.

• Accepted Variations

Some Products have variations of shading, size and finish which shall not be considered defects. Natural Products (made from materials such as marble, wood or stone) have a greater degree of variation than any of Lusso’s other Products. This applies not only to shading but also to the pattern that is produced with a Natural Product. The fact that the material is natural means that it may present imperfections inherent in its nature such as knots in wood, different shading, color or different intensity and orientation of veining in marble. It is impossible to get two Natural Products that are the same as each other in shading and/or design. Customer agrees that any Natural Product supplied will not be equal to the ones in the catalogue or showroom, but will be similar.

Natural Products require special care, in order to maintain its quality and beauty; Customer must follow all the instructions provided in the Warranty, Maintenance Guideline and Installation Instructions of the Product. The measurements provided in the packaging, sales order or other documents may be rounded up; please contact your sales representative for accurate measurements.

*Lusso Inc. reserves the right to change these terms and conditions at any time without prior notice.

General Cabinetry Policy

1. Order Approval.  By submitting this order, you acknowledge that you are purchasing made to order cabinetry and are authorized to do so on behalf of the person or organization named on the order(s). You have thoroughly reviewed the orders and accept the full financial obligation of this purchase request.  Delivery will not occur unless the order and any delivery fees have been paid in full.

2. Payment

1. Client must pay the full amount in advance when placing an order for custom made cabinetry products, at the time the order is placed and accepted by Lusso.
2. Payment must be made in full for services, including installation, estimated travel fees, and miscellaneous items identified and presented by Lusso at the time the order is placed and accepted by Lusso.
3. Any hourly consultant, design, or other hourly fees agreed upon by the Parties, including those found within a Client Retention Agreement, shall be paid within 30 calendar days of invoicing.

3. Alteration and/or Cancellation of Orders.  Any amendment or alterations of design, or other changes to the design, should be made prior to finalization of an order.  Once an order is finalized, Client may make alterations within 48 hours of order finalization; however, a $500 fee for each order altered will be charged.  Orders may be cancelled by Client within 48 hours of finalization.  After 48 hours, no exchanges, alteration of design, amendment of design, or cancellation shall be permitted. Notwithstanding the foregoing, if an order contains either parts or expedite orders, as these are scheduled for the fastest possible production, no changes or cancellations of any kind or character may be made by Client after finalizing the order as it applies to parts and expedite products.

4. Acknowledgment  CLIENT ACKNOWLEDGES THAT THE CUSTOMIZED ITEMS ORDERED BY LUSSO ARE UNIQUE TO EACH CUSTOMER AND ONCE AN ORDER IS FINALIZED AND THE TIME PERIODS SET FORTH IN PARAGRAPH 3, ABOVE, HAVE EXPIRED, ITEMS MAY NOT BE MODIFIED, EXCHANGED, CANCELLED OR RETURNED.

5. Notes & Special Instructions.If Client has provided special notes or other instructions with this order, any alternations to the orders as a result of the notes will be reflected on the final order confirmation. The delivery dates provided in the order are estimates and are subject to change.

6. Lead

1. Custom cabinetry products will have a standard lead time of 3-8 weeks for a semi-custom order and 6-13 weeks for a fully custom order.
2. There is no expedite option for cabinetry.
3. The estimated lead time is subject to change. In such instances Lusso will notify Client if the expected the lead time will be more than 8 weeks. If Lusso notifies Client that the lead time will be more than 8 weeks, Client shall have the right to cancel the order by providing written notice to Lusso within 48 hours of receiving Lusso’s notice.  Client shall have no right to cancel any order after such 48 hour period.

7. Order Pickup.

1. Client will receive a notice by email if one is required when the order is completed or has arrived at the warehouse or 3rd party warehouse.
2. Client shall bring the receipt or email notification to the warehouse when picking the order up.
3. Pickup will not be permitted unless the order has been paid in full.
4. Pickup must be done within 14 calendar days after Client has been given notice of the materials arriving at the 3^rdparty warehouse. Orders not picked up during that 14 calendar day period may be returned and subject to a restocking fee being charged.
5. Each item of cabinets and materials will be subject to a $10 per day storage fee after 14 calendar days.
6. Client or an authorized representative who is at least 18 years of age is required to sign the requisite paperwork upon picking up the material. Client is solely responsible for ensuring all required items are included when the material picked up.

8. Delivery of Order(s).

1. After Client has ordered its cabinets, Client will receive an estimated arrival date for each of its cabinets. Once cabinets have arrived., Lusso will contact Client to arrange for a mutually convenient day and time window for delivery.
2. Deliveries will be made to the first available dry space, including a garage, or into the threshold of the delivery site. If a job site requires any special considerations (stairs, smaller vehicles, lockbox codes, etc.), please let the Lusso stuff know when confirming your delivery.
3. Client shall take delivery within 2 weeks of the week specified in the final order, so Client should ensure that it expects that the job site will be ready to take delivery by that date prior to issuing the final order. Storage fees will accrue at $5 per cabinet per day if delivery is not taken within 21 days (weekend included) of the date specified in the final order.
4. For will-call and pick up orders, Lusso shall not be responsible for any damage occurring during shipment from Lusso’s warehouse to the site.

9. Installation – While Lusso may provide information regarding specific installers, Lusso does not take any responsibility for or guaranty any portion of the work performed by the installer, even if recommended by Lusso.  Any claims resulting from installation shall be solely between the installer and Client.

10. Freight and Warranty Policies.

1. All warranties regarding the cabinets are provided solely by the cabinet manufacturer, and all warranties regarding installation are provided solely by the selected installer.  Lusso does not provide any warranties whatsoever regarding the cabinets or the installation.  Lusso will assist Client in working with manufacturers to obtain any warranty coverage to which Client is entitled; however, Client acknowledges that the extent of any warranties and the sole responsibility for providing any warranty coverage is with the manufacturer and the installer, and that Lusso shall have no responsibility for any warranty obligations of any cabinet manufacturer or installer, and will not be responsible or liable for any costs incurred by Client for the installation or removal of any defective cabinets.
2. Lusso will assist Client with any service or warranty issues with the cabinet manufacturer.  This includes initial job site examinations, communication with the Client during the warranty processes, provision of all required information to cabinet manufacturers and any applicable dealer representative, and assisting in the arrangement for installation of any replacement parts.
3. Client should note that a  warp twist of 3/16’s of an inch or less is not considered a defect. Client should also acknowledges tolerances for alignment of joints are to be within 1/20th of an inch or 1.27 mm.
4. If cabinet doors appear warped after installation, which may occur for several reasons, Client acknowledges that they must remain hanging open for 24 hours. Experience has shown that some cabinet doors will warp slightly after installation in new construction due to high humidity and in older remodeled homes because of low humidity. If the doors are warped ¼” or less, they must be allowed to acclimate through four season cycles to straighten out before a replacement at no charge will be considered by the manufacturer.
5. Client acknowledges that natural wood variations occur within wood products. These variations are naturally occurring and due to no two trees being precisely identical. This does not subtract from or lessen the inherent qualities or characteristics of the wood itself. Client acknowledges that such variations are not defects.
6. Stain finished products will accentuate some of these variations and highlight grain patterns within the wood. Client acknowledges that mere accentuation caused by staining is not a defect.
7. Painted finishes will accentuate even minor surface flaws in the wood or in preparation, and may reflect a minor and often unavoidable presence of dust.
8. Lusso will not be held responsible or liable for any loss, damage, detentions, or delays caused by fire, flood, strike, embargo, car accidents, wrecks, delays or natural disasters in transportation or any other cause beyond its reasonable control.
9. Client acknowledges that warranty coverage from manufactures becomes void if products ate stored in non-temperature controlled environments before installation.
10. Warranty claims against manufacturers may be submitted through the Lusso’s Sales Department. Pictures and/or other supporting documentation must be obtained and submitted with the claim. These will be required for Lusso to process any warranty claims.
11. Client is strongly advised not to install any damaged or defective cabinets. Clients should contact Lusso’s Sales Department and follow the manufacturer’s warranty claim process.

11. FREIGHT DAMAGE PROCEDURE:

1. If damage occurs during shipment on the cabinet manufacturer’s designated carrier, Client should photograph the damage and note the bill of lading or delivery slip before accepting delivery.
2. In order to claim any damaged or missing items, Client must place a warranty claim with Lusso’s Sales Department within 15 days of receipt of the product with photos.
3. Installation of any damaged product constitutes acceptance of that product.  Client should advise their installer not to install any defective product.
4. If damage occurs during shipment on a Client designated carrier, then Client must report the damage to that carrier for reimbursement/inspection.

12. Dispute

1. In the event of dispute, the Parties agree to small claims court in the Superior Court of Santa Clara County in the State of California, if the dispute is less than $5,000. For amounts equal to or greater than $5,000 the parties agree to binding arbitration, conducted under the rules of the American Arbitration Association, under the auspices of a mutually agreed upon arbitrator.
2. The parties agree that in such instance each party shall be liable for their respective attorney costs and fees and damages against Lusso shall be limited solely to the value of the contract. Punitive, consequential, anticipated, or other awards shall not be entertained nor permitted.
3. In such dispute, the laws of the State of California shall be applicable upon this Policy.

13. Indemnification

1. Client agrees to indemnify and hold Lusso harmless for injuries, damages, or other harms that may arise from the abuse, misuse, or improper treatment of cabinets, countertops, or other materials ordered from or acquired from Lusso.
2. Client shall indemnify, hold Lusso harmless, and defend Lusso form third party claims arising out of any third party’s handling or installing of any cabinets or other products ordered through Lusso.

14.   Severability – Should any portion of this Policy be held to be unlawful or unenforceable, such offending material shall be treated as though it were never incorporated into this Policy and the remaining Policy read in its entirety as though the offending portion had never existed.

15. Miscellaneous.

1. This Policy is subject to change at any time upon notice provided to Client.
2. Lusso reserves the right to refuse service, orders, or cancel such services/orders to anyone at any time and for any reason.  

16. Entirety of Policy.

1. This Policy, together with the Retainer Agreement, represents the entirety of the agreements applicable to the Client’s order and any related order invoice, manifesto, or other agreement. No further claims, warranties, promises, or other representations shall be deemed to be contractually binding.  This Policy may not be amended except in a written agreement signed by Client and Lusso.
2. Client agrees and affirms that they have been advised of and understand that all terms and conditions for their order are contained herein or attached documents, such as a Retainer Agreement, manifesto, or invoice, as applicable. The Client agrees that only such written and agreed upon terms shall be binding on the parties and releases Lusso from any and all liabilities as may arise from oral representations or promises that may have been made by Lusso employees, contractors, affiliates, or staff who may not be authorized to speak on behalf of nor contractually obligate, Lusso.